School had my 11 yr old special needs son arrested

I got a phone call last Wed. telling me that my son was at the Juvenile detention facility. The elementary school had had him arrested for kicking his teacher. He suffers from epilepsy, mental retardation, and has a severe speech problem. He was having a fit in the floor and the teacher was trying to get him up. He kicked her in the chin. She pressed charges against him. Then the principal pressed charges, saying he hit her. So my mentally handicapped son has two FELONY charges of assaulting a public official against him. They told me I would be hearing from the district attorney! What really irks me is the fact that the school let my son sit in jail for 3 hours before they even called to tell me there was an issue. How can this be legal? I am no where close to finished with this. I emailed the news stations! He was the top story on FOX San Antonio last night. The special ed system is so broken. I just wanted you all to know that this could happen to your family! People need to be aware!

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I'm so sorry to hear about what happened to your son. If you ask me it's not just Special Ed. that is messed up but the whole education system. Where has common sense gone? Hope everything turns out ok. Best of luck.

Wow! I also watched the clip and can't believe they had your son arrested. I work in a special needs classroom. Last spring, on a daily basis, I was hit, kicked, spit at, scratched, had my hair pulled, and once had a hard, metal object thrown at my face. I ended up with a bruise on my cheek, and my gum tissue was bruised. One time, the student threw a pair of scissors at me, causing a large nick on the back of my hand. These injuries were all caused by an emotionally disturbed 5-year old girl. Our staff was trained in safe restraint procedures, and we physically restrained her almost everyday. All the while, the district was trying to come up with behavior management strategies. When these failed, they began searching for an alternate placement for the child.

At no time did any of us consider filing charges, or even leaving our jobs. When you sign up to work in certain special ed. classes, there's always the possibility of being injured. If the employee doesn't like it, they can ask to be reassigned, or reconsider their career choice. To me, it's like working in a daycare and being surprised that you have to change diapers. It goes with the territory! I just heard that we might be getting another child with "volatile behavior" next week. Our staff just looked at each other and said, "Here we go again!" We'll be ready to try to help the student with his behavior and skills. However, we will not be filing charges against him!

Please keep us updated on this case. I will be interested to see how it turns out.

I don't disagree that there needed to be consequences for your kids actions but an arrest and charges filed? That's f-ing ridiculous. I have to agree with a PP, what the hell did this teacher think they were getting themselves into? Coloring time with the special kids? I mean...ugh..omg.. how did this teacher get through any type of training and not come to think this might happen at some point? A special needs kid isn't going to understand a "scared straight" type of punishment.

I have never even considered pressing charges against any student let alone anything outside of our discipline plans we create with parents at the start of the year without consulting a parent first and I have had some horrible this happen. Most things are worked out with a bit of mediation and corrective action plan.

Clear sign of a school that has no capacity or compitency in providing FAPE for you child. In addition to a criminal attorney, find a top SPED attorney and contact the federal department of justice office of civil rights and file a complaint.

WTH?
My favorite was the interview with who I believe was the principal. These are the people that are educating our kids. I know there are a lot of great teachers out there but when you get the attitudes of adminstrators like this it's no wonder home schooling is on the rise. (We HS one of ours)

Wow... maybe some of the teachers can answer this but an 11 year old is what 6th grade? I remember in high school a student punched a teacher and she got out of school suspension for a while but I don't even think she got arrested... and I don't think she was a special needs student (or if she was it she wasn't severely special needs anyway)

So now would most schools even file charges had an 11 year old without any special needs got upset and kicked a teacher?

He was having a fit in the floor and the teacher was trying to get him up. He kicked her in the chin. She pressed charges against him. Then the principal pressed charges, saying he hit her. So my mentally handicapped son has two FELONY charges of assaulting a public official against him.

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I would think the teacher trying to get him up while/very soon after fitting would not be right? Shouldn't they first be moving him into the recovery position?
Did they follow procedure? Do they have a procedure?
This just screamed at me as completely wrong from the getgo.

The principal obviosly has no effective training in special education. Did he call an IEP meeting and have the behvior plan upgraded after the first incendent, did he make sure his teachers were properly trained in when and how to apprach a child who is melting down or seizing, obviosly not or the second incedent would not have happened. No he just thought punishing a child for a manefestaion fo thier disability was the proper path. As a parnet I view this as abuse.

I think it is clear who is at fault.

Here is a quote from the newest federal resource document and the lionk to the full document

"Physical restraint or seclusion should not be used except in situations where the child’s behavior poses
imminent danger of serious physical harm to self or others and restraint and seclusion should be avoided to the greatest extent possible without endangering the safety of students and staff."

I support the school district in this case. He had previously hit someone and was sent home. So then he does it again?

What is a teacher supposed to do? He is 11 now - but as he ages he could do significant damage!

Teachers sacrifice a lot in their profession and they should not tolerate abuse by any student.

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I am a teacher and I DO NOT support the school district. This child is special needs and should have a behavior plan. I have worked extensively with students (both with and without special needs) and have seen even those without special needs escalated into a frenzy by people who didn't know how to handle a situation.

Think for a minute--as an adult haven't you gotten angry and lashed out (even with words) at someone? Imagine yourself as a child whose comprehension isn't as developed as yours and who doesn't have the words to use. Imagine that you are feeling attacked by others. What would your instincts be?

I spent a little time Googling, and apparently this specific district has had similar problems before. If I had a special needs kid in that district, I would be looking to move.

Not excusing him in any way, but it has been my experience that most principals in large schools do not have any idea of what goes on in spec Ed.

It would not surprise me to find out that the teacher knew that the child needed extra support, but she could not get that school to do anything, so she had to press charges to get him removed from the classroom and/or get additional resources that he needs.

I agree that the educational system is broken, and I don't really know how to fix it. that is why I left public education.

I am so sorry OP that this has happened to your son. This teacher did not deal with this situation correctly. Then to have him arrested is crazy. He is 11 and has special needs! Thats just horrible of them! I hope you can press charges against them!

Wow ! Hugs.I am so sorry for what your family is going through. I hope your son recovers from his experience soon. I would lawyer up with a special Ed attorney and file charges against the district ASAP. This was just so wrong.